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The Commercial Law of Old Russia

The Commercial Law of Old Russia GEORGE G. WEICKHARDT (San Francisco, CA, U.S.A.) THE COMMERCIAL LAW OF OLD RUSSIA This article presents a brief history and description of the development of commercial law in Kievan Rus', Novgorod and the Muscovite tsardom and assesses its relative sophistication and maturation. The emphasis shall be on loans, credit, collateral and special commercial courts. As a standard of com- parison the commercial law of Western Europe in the same period, the so- called law merchant (iex mercatoria)1 shall be employed: The conclusion will be that while 'pre-Petrine law developed the basic concepts of property and contract necessary to support commercial activity, it failed to develop, or de- veloped much later, most of the sophisticated commercial legal devices devel- _ oped in the law merchant of medieval Western Europe. While the law mer- chant may have been practiced to some extent in Novgorod and Pskov, it had no significant impact on Russian law. For.tbose readers unfamiliar with the subjects of commercial law, a brief introduction is in order. In order to support simple domestic and international trade in agricultural and manufactured goods by way of seaborne and overland carriage, a legal system must at the very least develop legal http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Russian History Brill

The Commercial Law of Old Russia

Russian History , Volume 25 (1-4): 361 – Jan 1, 1998

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Publisher
Brill
Copyright
© 1998 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0094-288X
eISSN
1876-3316
DOI
10.1163/187633198X00185
Publisher site
See Article on Publisher Site

Abstract

GEORGE G. WEICKHARDT (San Francisco, CA, U.S.A.) THE COMMERCIAL LAW OF OLD RUSSIA This article presents a brief history and description of the development of commercial law in Kievan Rus', Novgorod and the Muscovite tsardom and assesses its relative sophistication and maturation. The emphasis shall be on loans, credit, collateral and special commercial courts. As a standard of com- parison the commercial law of Western Europe in the same period, the so- called law merchant (iex mercatoria)1 shall be employed: The conclusion will be that while 'pre-Petrine law developed the basic concepts of property and contract necessary to support commercial activity, it failed to develop, or de- veloped much later, most of the sophisticated commercial legal devices devel- _ oped in the law merchant of medieval Western Europe. While the law mer- chant may have been practiced to some extent in Novgorod and Pskov, it had no significant impact on Russian law. For.tbose readers unfamiliar with the subjects of commercial law, a brief introduction is in order. In order to support simple domestic and international trade in agricultural and manufactured goods by way of seaborne and overland carriage, a legal system must at the very least develop legal

Journal

Russian HistoryBrill

Published: Jan 1, 1998

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